The exercise of parental authority: disagreements between parents and conflicts of interest with the minor child

Abstract

Parental authority may be exercised jointly by both parents or by one parent with the express or tacit consent of the other. The general rule is joint ownership and exercise of parental authority, both in situations of normal cohabitation and in situations of marital or relationship crisis. In this regard, acts carried out by one parent in accordance with social custom and circumstances, or in situations of urgent need, are considered valid. However, in the event of occasional or specific disagreements in the exercise of parental authority, either parent may appeal to the judicial authority, and the latter may assign the decision-making power to one of the two parents. If disagreements are repeated or any other cause seriously impedes the exercise of parental authority, the latter may assign parental authority, in whole or in part, to one of the parents or distribute its functions between them. This measure will be valid for a period of two years. In any case, third parties acting in good faith are protected, assuming that each parent is acting in the ordinary exercise of parental authority with the consent of the other. Individual exercise of parental authority by one parent is possible in the absence or inability of one of them to exercise it. Finally, if the parents live separately, parental authority will be exercised by the parent with whom the child lives. Once a conviction has been issued and criminal liability has not been extinguished or criminal proceedings have not been initiated against one of the parents for violating the life, physical integrity, liberty, moral integrity, or sexual liberty and integrity of the minor children they share, or for violating the other parent, the consent of the latter is sufficient for the care and psychological assistance of the minor children, and the other parent must be informed in advance. This will also apply, even if no prior complaint has been filed, when the woman is receiving assistance from a specialized gender-based violence service. Furthermore, in the event of a conflict between the parents and their minor child, the appointment of a legal guardian is necessary. This study will focus on the ownership and exercise of parental authority in the event of disagreements or disagreements between the parents and in cases of individual exercise of parental authority. It will also focus on the necessary appointment of a legal guardian for the minor child in the event of a conflict between the child and his or her parents.